Outgoing Chief Justice of India Bhushan R Gavai, who is also the second Dalit judge to take oath as the Supreme Court's Chief Justice, said on Friday that despite severe criticism from his own community, he stood by his judgment on sub-classification in reservations for Scheduled Castes and Scheduled Tribes.
Chief Justice Gavai said the son of a chief secretary in Delhi cannot be made to compete with the son of an agricultural labourer. He was speaking at a farewell event organised by the Supreme Court Bar Association on his last working day.
In a landmark six-one majority verdict in August 2024, a seven-judge constitution bench of the Supreme Court held that Scheduled Castes do not constitute a socially homogeneous class and can be sub-classified by states for the purpose of providing reservation to the less privileged among them.
Chief Justice Gavai had penned his strong concurring opinion on why sub-classification and the concept of creamy layer should be allowed in SC/ST reservations.
He recalled that while he was writing the judgment, the son of a clerk from the Scheduled Castes community from Maharashtra, told him that he would not take benefits of the Scheduled Castes category because he was privileged enough.
Chief Justice Gavai said that one boy understood what politicians refuse to understand.
“Article 14 believes in equality, but equality doesn't mean equal treatment to all. Dr Ambedkar said that if we give equal treatment to all, rather than reducing, it will increase inequality, therefore the special treatment for those lagging behind. This is what the equality concept stands for,” he said.
Chief Justice Gavai also shared he was satisfied to deliver the judgment against “bulldozer justice”. He said just because someone is in conflict with the law, their right to shelter cannot be taken away.
On post-retirement plan, Chief Justice Gavai said he would like to work for tribals in his district.
